Terms of Service

Effective Date: March 25, 2026

This website is operated by Liberty Flagpoles, a brand operated by PennyQuinn Group. Throughout the site, the terms “Liberty Flagpoles,” “we,” “us,” and “our” refer to Liberty Flagpoles and PennyQuinn Group. By accessing this website, browsing our content, requesting a quote, placing an order, or otherwise using our website or services, you agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, do not use this website.

1. Use of This Website

You may use this website only for lawful purposes and in accordance with these Terms. By using this website, you represent that you are at least the age of majority in your state of residence, or that you are using the website with the consent and supervision of a parent or legal guardian.

You agree not to use this website:

• for any unlawful, fraudulent, deceptive, or abusive purpose
• to interfere with the security, functionality, or operation of the website
• to submit false, misleading, or inaccurate information
• to upload or transmit viruses, malware, or other harmful code
• to scrape, crawl, copy, harvest, or exploit website content, pricing, data, or functionality without our prior written permission
• to attempt unauthorized access to any part of the website, systems, or data

We reserve the right to suspend, restrict, or terminate access to the website at any time if we believe a user has violated these Terms or used the website in a manner harmful to our business, customers, or operations.

2. Products, Services, and Quotes

Liberty Flagpoles sells flagpoles, flags, accessories, lighting products, and related items. We may also provide quote requests, product guidance, freight coordination, and general project assistance.

All product descriptions, dimensions, finishes, specifications, availability, lead times, pricing, freight terms, and other details are subject to change without notice. We make reasonable efforts to keep website information accurate, but errors, omissions, delays, and changes may occur.

Quotes, estimates, shipping estimates, and lead times are provided for informational purposes only unless expressly stated otherwise in writing. A quote does not create a binding obligation unless and until it is accepted by us through written confirmation, invoice, or order processing.

We reserve the right to refuse, limit, cancel, or correct any order, quote, or request at our discretion, including in cases involving suspected fraud, pricing errors, misuse of the site, or unauthorized resale activity.

3. Orders and Acceptance

Submission of an order through our website does not guarantee acceptance. We reserve the right to review, accept, reject, or cancel any order for any lawful reason.

If we cancel or materially modify an order after submission, we may attempt to notify you using the contact information provided with the order.

You agree to provide current, complete, and accurate billing, shipping, and contact information for all purchases and inquiries. You are responsible for keeping this information current.

We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, distributors, or parties we believe are acting in bad faith.

4. Pricing and Payment

All prices are subject to change without notice unless expressly stated otherwise in a written quote or invoice for a specific validity period.

We reserve the right to correct pricing, freight, tax, product description, lead time, or availability errors at any time, including after an order is submitted. If a material error occurs, we may cancel the order and refund amounts paid, or contact you with corrected terms for approval.

You agree to pay all charges associated with your purchase, including product price, freight, taxes, surcharges, storage fees, reconsignment fees, return costs, restocking fees, and any other applicable charges disclosed by us or incurred in fulfillment of your order.

5. Shipping and Delivery

Shipping and delivery timeframes shown on the website, in product pages, in advertisements, in emails, or in verbal communications are estimates only unless expressly guaranteed in writing.

Transit delays, production delays, freight scheduling issues, backorders, vendor shortages, weather events, port disruptions, labor issues, carrier delays, and other events outside our control may affect timing. We are not liable for delays caused by manufacturers, carriers, freight companies, subcontractors, weather, or other third parties.

Small parcel shipments

Orders that ship through UPS, USPS, or similar parcel carriers may qualify for promotional or free shipping based on the order value and the specific items purchased. Free shipping offers do not apply where excluded by product type, carrier limitations, location, oversized dimensions, or other conditions.

Freight and LTL shipments

Many one-piece flagpoles and oversized products ship by freight/LTL carrier. Freight shipments may be subject to a flat-rate shipping fee or other quoted freight charge. Any flat-rate freight offer is a courtesy and may not reflect the actual full cost of shipment.

Unless otherwise stated, flat-rate freight terms apply only to standard deliveries within the lower continental 48 United States and do not include:

• ferry service
• island delivery
• offshore or non-standard routing
• special handling
• remote-area surcharges
• inside delivery
• liftgate service unless stated
• early separate shipment of components such as a ground sleeve
• expedited or dedicated trucking
• shipments outside the lower 48 states

If your order requires unusual routing, special carrier handling, difficult site access, additional services, or separate shipments, you may be responsible for additional shipping charges.

6. Customer Responsibilities for Freight Deliveries

For freight deliveries, the customer is responsible for:

• providing an accurate and deliverable shipping address
• providing a working phone number for carrier scheduling
• communicating directly with the freight carrier to arrange delivery
• being available to receive the shipment
• unloading the shipment unless other arrangements are expressly made in writing
• inspecting the shipment before signing the delivery receipt

Freight carriers generally do not unload large one-piece flagpoles for the customer. Unless specifically arranged otherwise in writing, the customer is solely responsible for unloading the shipment at delivery.

The freight carrier may require the customer to meet at an alternate location or may impose restrictions based on road access, truck access, or local delivery limitations. Any added cost or complication resulting from site access issues, remote delivery needs, alternate routing, special equipment, or independent trucking service is the customer’s responsibility.

7. Inspection at Delivery, Freight Damage, and Shortages

All freight shipments must be inspected carefully before the delivery receipt, bill of lading, or proof of delivery is signed.

If there is any visible damage, possible concealed damage, torn packaging, punctures, crushing, missing pieces, or shortage of items, the customer must note the issue clearly on the delivery paperwork at the time of delivery.

A signed delivery receipt without damage or shortage notation is considered a free and clear delivery acknowledgment, meaning the shipment was accepted as delivered without visible damage or shortage. Once a shipment is signed for free and clear, Liberty Flagpoles may be unable to recover from the carrier, and Liberty Flagpoles will not be responsible for damage, shortages, or missing items reported afterward that should have been noted at delivery.

The customer must notify Liberty Flagpoles immediately after any freight damage or shortage is discovered. Freight claims are time-sensitive, and delays in reporting may eliminate any ability to pursue recovery.

8. Address Changes, Delivery Failures, Storage Fees, and Reconsignment

If you request a delivery address change after an order has been processed or tendered to a carrier, additional fees may apply. If a freight carrier charges a reconsignment fee, rerouting fee, redelivery fee, storage fee, or other handling fee, you agree to pay that charge.

If the freight carrier is unable to deliver because:

• you are unavailable
• you fail to answer or return carrier calls
• you fail to schedule delivery
• the address provided is inaccurate or incomplete
• the site is not accessible
• you refuse delivery without legal justification
• you otherwise delay or obstruct delivery

then any resulting storage fees, redelivery fees, return freight charges, rerouting fees, or related expenses are your responsibility.

If a shipment is returned or held due to customer inaction or refusal, such charges are in addition to any applicable cancellation charge, restocking fee, or return freight cost.

9. Shipping Timeframes and Custom Finish Delays

Estimated shipping timeframes are only estimates and are not guaranteed.

Certain products, finishes, or options may increase lead time, including but not limited to:

• anodized flagpoles
• powder-coated flagpoles
• custom-configured products
• special-order products
• out-of-stock items
• freight-only products
• seasonal demand periods

During peak season, especially from February through July, manufacturing and freight delivery timelines may extend. Time-sensitive projects should be discussed with our team before purchase. We are not responsible for project losses, missed deadlines, labor costs, or scheduling issues arising from estimated shipment or delivery dates not being met.

10. Custom Orders, Special Orders, and Finish Upgrades

Custom, made-to-order, configured, anodized, powder-coated, or special-order items may not be cancellable, returnable, or refundable once production, coating, sourcing, or shipment preparation has begun.

Because such products are often built or finished specifically for the customer, all sales of such items may be considered final unless otherwise required by law or agreed by us in writing.

Any stated production or finish timeline is an estimate only and may be affected by vendor capacity, material availability, finishing schedules, or transportation delays.

11. Cancellation and Return Limits After Shipment

Once an order has been shipped, tendered to a freight carrier, or otherwise “left the station,” it may no longer be cancellable without charge.

If a customer seeks to cancel or return an order after shipment has begun, the customer may be responsible for:

• outbound freight charges
• return freight charges
• storage fees
• reconsignment fees
• restocking fees
• coating or customization charges
• any other charges already incurred by Liberty Flagpoles

Returns and cancellations remain subject to our separate Return Policy and any item-specific limitations.

12. Installation and Third-Party Service Providers

Unless expressly stated otherwise in writing, Liberty Flagpoles is a product supplier and not the installer of the products sold. Any referral to an installer, contractor, subcontractor, or service provider is provided as a courtesy only unless we expressly contract in writing to provide installation or field services.

We are not responsible for the acts, omissions, workmanship, licensing, insurance, safety practices, scheduling, delays, pricing, or performance of independent installers, contractors, engineers, excavators, crane operators, or other third parties.

Customers are solely responsible for confirming:

• local code compliance
• zoning requirements
• permit requirements
• engineering or foundation requirements
• property line and utility clearance
• soil conditions
• site access
• installation suitability

Any installation instructions, recommendations, or guidance we provide are general in nature unless expressly stated otherwise and do not replace project-specific engineering, code review, utility locating, or professional site evaluation.

13. Website Content and Accuracy

We do our best to present accurate information on our website, but we do not warrant that all information is complete, accurate, or current at all times.

The website may contain typographical errors, product description errors, omissions, pricing errors, image inaccuracies, outdated references, or incomplete technical details. We reserve the right to correct such issues at any time without prior notice.

Website content is provided for general information only and should not be relied upon as the sole basis for engineering, permitting, installation, or purchasing decisions.

14. Intellectual Property

All website content, including text, graphics, logos, images, product names, descriptions, layouts, and design elements, is owned by or licensed to Liberty Flagpoles and is protected by applicable intellectual property laws.

You may not reproduce, republish, distribute, modify, transmit, scrape, display, or commercially exploit any website content without our prior written permission, except for ordinary personal, non-commercial use of the website.

15. User Submissions and Communications

If you send us reviews, comments, testimonials, suggestions, feedback, ideas, photos, or other submissions, whether through the website, email, text, social media, or otherwise, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, publish, adapt, display, and distribute that content in connection with our business, subject to applicable law.

You represent that any submitted material is accurate, does not infringe third-party rights, and is not unlawful, misleading, defamatory, or harmful.

We reserve the right, but not the obligation, to remove, refuse, or moderate content submitted by users.

16. Third-Party Tools and Links

This website may include third-party tools, applications, integrations, or links to third-party websites. We provide these for convenience only and do not control their content, availability, terms, or privacy practices.

Your use of third-party tools or websites is at your own risk and subject to the terms and privacy policies of those third parties.

17. Privacy

Your submission of personal information through the website is governed by our Privacy Policy. By using this website, you acknowledge that you have reviewed our Privacy Policy and any applicable privacy choices or disclosures made available through the site.

18. Disclaimer of Warranties

To the fullest extent permitted by law, this website and all products, services, content, and materials made available through it are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.

We do not guarantee that:

• the website will be uninterrupted, secure, or error-free
• defects or errors will be corrected
• the website or servers are free from viruses or harmful components
• results obtained from use of the website will be accurate or reliable
• delivery dates, transit times, or project schedules will be met
• products will meet every expectation unless expressly stated in writing

To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.

19. Limitation of Liability

To the fullest extent permitted by law, Liberty Flagpoles, PennyQuinn Group, and our affiliates, officers, employees, agents, contractors, suppliers, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including:

• lost profits
• lost revenue
• lost savings
• loss of business opportunity
• delay damages
• labor costs
• project downtime
• storage charges imposed by third parties
• loss of data

arising out of or related to:

• use of or inability to use the website
• errors or omissions in website content
• delays in production or shipment
• acts or omissions of freight carriers, installers, or other third parties
• freight damage claims barred by a free and clear delivery signature
• site access problems
• missed deliveries
• order changes requested after shipment
• any product or service purchased through the website

To the fullest extent permitted by law, our total liability for any claim relating to a product or service shall not exceed the amount actually paid to us for the specific product or service giving rise to the claim.

Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you.

20. Indemnification

You agree to indemnify, defend, and hold harmless Liberty Flagpoles, PennyQuinn Group, and our affiliates, officers, employees, agents, contractors, suppliers, and service providers from and against any claims, liabilities, losses, damages, judgments, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your breach of these Terms
• your misuse of the website
• your violation of law
• your violation of any third-party right
• inaccurate or misleading information submitted by you
• your failure to comply with freight delivery, inspection, unloading, or scheduling responsibilities

21. Termination

We reserve the right to terminate or suspend access to the website or our services at any time, without notice, if we believe you have violated these Terms or used the website improperly.

Any provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, payment obligations, and governing law.

22. Governing Law and Venue

These Terms and any dispute arising out of or relating to your use of the website, any order, quote, shipment, or transaction with Liberty Flagpoles shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the jurisdiction of those courts.

23. Changes to These Terms

We may update these Terms at any time by posting the revised version on this page. Changes become effective upon posting unless otherwise stated. Your continued use of the website after changes are posted constitutes your acceptance of the revised Terms.

24. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return Policy, and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the website and any related transaction, and supersede prior or contemporaneous communications on that subject.

25. Contact Information

Questions about these Terms of Service may be sent to:

Liberty Flagpoles / PennyQuinn Group
98 Lower Westfield Rd
Holyoke, MA 01040
Email: sales@libertyflagpoles.com
Phone: 1-800-314-2392